The new Skilled Immigration Act makes it easier for skilled workers with vocational training and people with practical professional knowledge to immigrate to Germany.

The new law will continue and partially expand existing regulations for skilled workers with university degrees, such as the EU Blue Card. It will also be possible to search for a job using a new opportunity card.

The new law consists of several parts. The regulations will gradually come into force from November 2023. Here you will find an initial overview of the planned changes:

The new EU Blue Card from November 2023

In implementing the requirements of Directive (EU) 2021/1883, the German legislator has redesigned and expanded the immigration options with an EU Blue Card:

- Lowered salary thresholds: The salary thresholds for the EU Blue Card in regular and bottleneck occupations will be significantly lowered. In future, a minimum salary of 45.3 % of the annual contribution assessment ceiling for pension insurance (in 2023: 39,682.80 euros) will apply for bottleneck occupations and new entrants, and 50 % (in 2023: around 43,800 euros) for all other occupations.

- Extended group of persons:

Career starters: The possibility of obtaining an EU Blue Card will be opened up to a larger group of people. For example, foreign academics who have obtained a university degree within the last three years can obtain an EU Blue Card if their job in Germany pays them a minimum salary of 45.3% of the annual contribution assessment ceiling for pension insurance (in 2023: 39,682.80 euros). This applies to both bottleneck and standard occupations.

IT specialists: Another new feature is that IT specialists will be able to obtain an EU Blue Card in future if they do not have a university degree but can prove that they have at least three years of comparable professional experience. In this case, the lower salary threshold for bottleneck professions applies (45.3% of the annual income threshold; in 2023: 39,682.80 euros).

Expansion of the list of bottleneck occupations: The list of bottleneck professions for the EU Blue Card will be significantly expanded. In addition to the current bottleneck occupations (mathematics, IT, natural sciences, engineering and human medicine), skilled workers in the following occupational groups will also be able to obtain an EU Blue Card in future if the other requirements are met:

o Managers in production in the manufacture of goods, in mining and construction and in logistics

o Managers in the provision of information and communication technology services

o Managers in the provision of special services, such as childcare or healthcare

o Veterinarians

o Dentists and dentists

o Pharmacists and pharmacists

o Academic and comparable nursing and obstetrics specialists

o Teachers and educators in the school and extracurricular sector

The lower salary threshold for bottleneck occupations also applies here (45.3% of the annual contribution assessment ceiling; in 2023: 39,682.80 euros).

- Short-term and long-term mobility: Short-term and long-term mobility to Germany is possible for holders of an EU Blue Card issued by another EU member state. For a maximum stay of 90 days, EU Blue Card holders from other EU member states may come to Germany and stay here for the purpose of a business activity directly related to their employment. Neither a visa nor a work permit from the Federal Employment Agency is required for this short stay.

After a minimum stay of twelve months with an EU Blue Card in another EU country, long-term relocation to Germany is possible without a visa. A German EU Blue Card must be applied for at the immigration office after entering the country.

- Facilitated family reunification for EU Blue Card holders: Family reunification is regulated on a privileged basis for EU Blue Card holders who have already lived with their family in another EU member state. If these family members require a visa due to their nationality, they are entitled to enter and reside in Germany as family members of an EU Blue Card holder with the residence permit issued in the previous member state without having to go through a visa procedure beforehand. When a residence permit is issued in Germany, the requirements of sufficient living space (Sec. 29 (1) No. 2 AufenthG) and securing a livelihood (Sec. 5 (1) No. 1 AufenthG) no longer apply.

Entitlement to a residence permit for skilled workers and waiver of the link between qualification and employment

The two central legal bases for residence permits for skilled workers with vocational training (Section 18a AufenthG) and skilled workers with academic training (Section 18b AufenthG) will be amended in two respects:

- Firstly, you are now entitled to a residence permit if all requirements are met.

- Secondly, the restriction that you can only work on the basis of the qualification obtained with the vocational qualification is lifted. This means that if you have a qualified vocational training or a university degree, you are not restricted to jobs related to this training when looking for a job. There are exceptions for regulated professions.

Employment of professional drivers

The approval process of the Federal Employment Agency for the employment of professional drivers from third countries will be simplified. It will no longer be necessary to check whether the required EU or EEA driving license and the basic qualification or accelerated basic qualification are available. In addition, the priority check has been removed and language skills are no longer required.

The opportunities to stay in Germany to participate in qualification measures will be extended. The previous 18-month residence permit for adaptation measures (Section 16 d (1) AufenthG) will now be issued for 24 months when it is first issued. An extension of a further 12 months up to a maximum residence period of three years is possible. This gives employers more flexibility.

Secondary employment during the qualification program will be increased from 10 to 20 hours per week. This will make it easier for future skilled workers to enter the job market.

The implementation of qualification measures in Germany aims to achieve full equivalence of foreign professional qualifications. The new Skilled Immigration Act introduces two new access routes for this purpose:

- Entry and employment as part of a recognition partnership: The recognition partnership makes it possible to obtain a residence permit to pursue qualified employment and to carry out the necessary recognition procedure only after entry. In contrast to the previous options for carrying out qualification measures, in this case it is not necessary to initiate a recognition procedure or to have a certificate of partial equivalence before entering the country. The granting of a visa is linked to the obligation of the prospective skilled worker and the employer to apply for recognition after entry and to actively pursue the procedure. The basic requirements for the recognition partnership are, in addition to the employment contract, the existence of a professional qualification that has required at least two years of training or a university degree - both of which must be recognized by the respective country of training - as well as German language skills at level A2 (CEFR). The residence permit is usually issued for one year and can be extended for up to three years.

- The previous residence requirement for recognition in accordance with Section 16 d (3) (old), if the focus is on a lack of practical skills in the workplace, will no longer apply in future. Persons with a decision on partial equivalence who mainly lack practical skills in the workplace have two options for the purpose of professional recognition in Germany: In future, they can - as before - enter the country either to complete a qualification measure (Section 16 d (1) AufenthG) or as part of a recognition partnership (Section 16 d (3) new AufenthG).

- Entry to carry out a qualification analysis: Recognition seekers who, in the opinion of the competent authority, should carry out a qualification analysis in Germany to determine the equivalence of their foreign qualification can be granted a residence permit for up to six months for this purpose. One of the prerequisites is that they can provide proof of German language skills. As a rule, German language skills of at least level A2 (CEFR) are required.

Employment of specialists and workers

- Special regulation for practical work experience: The employment of persons with extensive practical work experience has been extended. The new regulation now applies to all non-regulated professions in all sectors. The requirement for persons with practical professional experience is that they have a professional or university degree that is recognized by the respective country of training. In the case of a professional qualification, at least two years of training is required. As an alternative to a state-recognized qualification, a qualification from a German chamber of commerce abroad is sufficient under certain conditions. In addition, at least two years of experience in the desired profession is required. Formal recognition of the qualification in Germany is not required.

Access to the labor market will also be made easier for IT specialists: the required relevant professional experience will be reduced to two years (previously three years). A professional or university degree is still not required. Language skills no longer need to be proven for the visa.

- Labor market access for nursing assistants from third countries: With the planned changes, access to the labor market for nursing staff will be supplemented by a regulation for nursing assistants from third countries. All persons from third countries with nursing training below the three-year regulated specialist training can be employed in the health and care sector. The prerequisite is that these persons can either provide proof of corresponding German vocational training in the care sector or a foreign care qualification that has been recognized in Germany.

- Job search following training in the healthcare and nursing professions: In future, nursing assistants and care assistants from third countries who have completed their training in Germany will be able to apply for a residence permit to look for a job. The residence permit will be issued for up to twelve months and can be extended by up to six months if they are still able to support themselves.

- Settlement permit for skilled workers from abroad: Foreign skilled workers who have a residence permit in accordance with § 18a, § 18b, § 18d or § 18g AufenthG and have not completed any vocational training or studies in Germany will receive a settlement permit in Germany after just three years (previously four years). In addition, holders of an EU Blue Card will receive a settlement permit even faster: after 27 months in employment with an EU Blue Card, they can be granted a settlement permit, and if they have sufficient knowledge of German (level B1 CEFR), it is even 21 months.

For graduates of a course of study or vocational training in Germany, the current special provision on settlement permits remains in place: After just two years in possession of a residence permit for employment as a „skilled worker“ (residence permit in accordance with Sections 18a, 18b or 18d AufenthG), they can be granted a settlement permit.

- Easier family reunification for skilled workers: If spouses or underage children move to Germany to join certain skilled workers, proof of sufficient living space will not be required in future. In addition, such skilled workers can also bring their parents and - if the spouse is also permanently resident in Germany - parents-in-law to join them if they receive their residence permit for the first time on or after March 1, 2024.

- Residence permit for holders of start-up grants: In future, skilled workers within the meaning of Section 18 (3) AufenthG can obtain a residence permit for up to 18 months to set up a business if they are granted a grant from a German scientific organization or public body for this purpose.